Mertens v. Kilby Correctional Facility et al (INMATE 2)

Filing 26

OPINION and ORDER: it is ORDERED as follows: 1) The 25 Recommendation of the Magistrate Judge is ADOPTED; 2) This action is DISMISSED without prejudice. Signed by Honorable Judge W. Harold Albritton, III on 4/26/2018. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ROCKY JOE MERTENS, #191 522, Plaintiff, v. KILBY CORRECTIONAL FACILITY, et al., Defendants. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:17-CV-834-WHA [WO] OPINION and ORDER Before the court is the Recommendation of the Magistrate Judge entered April 4, 2018. Doc. 25. There being no timely objection filed to the Recommendation, and based on an independent review of the record, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. 25) is ADOPTED; 2. This action is DISMISSED without prejudice. A Final Judgment will be entered separately. Done, this 26th day of April, 2018. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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